In Connecticut divorce cases, courts prioritize the best interests of the child when deciding on child custody and visitation matters. Joint custody is presumed to be the best arrangement. Visitation refers to the time each parent spends with the child. 

The law encourages frequent and continuing contact between the child and both parents unless it is found to be potentially harmful. Courts deciding on visitation use a set of statutory factors that include:

• The temperament and developmental needs of the child

• The capacity and willingness of each parent to meet the child’s needs

• The wishes of the child, if the child is of sufficient age and maturity

• The past and current interaction of the child with each parent and other significant people, such as siblings or extended family

• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent

• Each parent’s work schedule and availability

• The stability of each parent’s home environment

• Each parent’s mental and physical health

• Any history of domestic violence, abuse or neglect

The goal is to develop a parenting arrangement that allows the child to thrive emotionally, physically, and academically. Visitation is often structured in a parenting plan that outlines the schedule and terms.

In some situations, the court may have concerns about the child's safety or well-being in the care of one parent. Reasons might include the parent’s substance abuse problems, mental health issues or history of domestic violence, child abuse, neglect or abandonment. That parent may be granted supervised visitation, which occurs only in the presence of a third party, such as a social worker or family member. The goal is to allow the parent-child relationship to continue in a safe, structured setting, with the hope that circumstances will improve and unsupervised visits may become appropriate in the future.

In rare cases, the court may deny visitation altogether. This can occur when there is clear and convincing evidence that visitation would seriously endanger the child’s physical, mental, or emotional health. Denial is generally considered a last resort, as courts recognize the value of a child having a relationship with both parents whenever possible.

Visitation orders are not set in stone. Either parent may request a modification if there has been a substantial change in circumstances. For example, if one parent becomes more stable or if a child’s needs change with age, the court may adjust the parenting plan to reflect the new situation.

An experienced child custody and visitation attorney can help you prepare a parenting plan that protects your rights while promoting a healthy, nurturing environment for your child.

The O’Neil Law Firm in Hartford, Connecticut serves families throughout Hartford, Middlesex and Tolland counties. Call us at 866-418-7593 or contact us online to set up a consultation.